A grand jury has charged a Spotsylvania County sheriff's deputy with felony reckless handling of a firearm in the April shooting of Isiah Brown.
Deputy David Turbyfill shot 32-year-old Brown eight times outside his home in Spotsylvania County, Brown's lawyer says.
Officials said the charge against Turbyfill is usually a misdemeanor, but he was charged with a felony because of the significant injuries Brown suffered.
Turbyfill remains on administrative leave.
"We are calling for the immediate termination of Deputy David Turbyfill. We are also asking for the release of all audio communication between the deputy and dispatch, all video from the scene as well as Turbyfill's employment records and personnel file," Brown's attorney David Haynes said in a statement after the indictment.
"While this indictment doesn't take Mr. Brown's physical pain away, it does signify a measure of justice. We look forward to the successful prosecution of David Turbyfill," Haynes said.
On body camera video, the deputy shouts orders at Brown.
“Show me your hands,” he shouts. “Show me your hands. Show me your hands, now. Show me your hands. Drop the gun. He’s got a gun to his head. Drop the gun now. Stop walking towards me. Stop walking towards me. Stop. Stop.”
The deputy fires and then begins CPR.
Brown was unarmed. He had a phone in his hand.
The incident began when the deputy, who is white, gave Brown, who is Black, a ride home after Brown’s car broke down at a gas station on Route 3 — several miles from his home in the 12200 block of West Catharpin Road — at about 2:30 a.m. Wednesday.
The deputy dropped him off and drove away.
Moments later, Brown called 911, reporting a dispute with his brother.
It sounds like he’s asking his brother for a gun while on the call.
Brown then tells the 911 dispatcher, “I’m about to kill my brother."
“Don’t kill your brother,” the dispatcher replies.
“Alright,” Brown says.
“Why would you say something like that?” the dispatcher asks.
“Somebody needs to come here real quick,” Brown says.
Brown then tells the 911 operator he doesn’t have a gun on him.
The deputy who gave Brown a ride home responded to the 911 call and shot Brown as he stood in the road while talking with the 911 dispatcher.
“I’m still trying to figure out where he felt the threat at, to feel the need to shoot,” Brown’s sister, Yolanda Brown, told News4.
After the video was released, an attorney for Brown's family released a statement, saying, "Isaiah clearly told dispatch that he did not have a weapon more than 90 seconds before the deputy arrived ... The deputy was situated nearly 50 feet from Isaiah, was never threatened and should not have discharged his weapon."
It was unclear whether the deputy knew Brown told the 911 dispatcher he had no gun.
“At my request, the Virginia State Police Bureau of Criminal Investigation was contacted to ensure an impartial investigation,” Spotsylvania Sheriff Roger Harris said.
Brown's attorney David Haynes of The Cochran Firm gave the following statement regarding the indictment:
Isiah Brown and his family are pleased that Spotsylvania County Deputy David Turbyfill has been indicted on a felony charge by a special grand jury in the April 21 shooting of Mr. Brown.
The shooting resulted in significant injuries to Mr. Brown which will undoubtedly impact him for the rest of his life.
Mr. Brown did nothing wrong and was on the phone with a 911 dispatcher when Turbyfill recklessly shot him 8 times.
We are calling for the immediate termination of Deputy David Turbyfill. We are also asking for the release of all audio communication between the deputy and dispatch, all video from the scene as well as Turbyfill's employment records and personnel file.
Isiah Brown's life was shattered and changed forever when he crossed paths with David Turbyfill. While this indictment doesn't take Mr. Brown's physical pain away, it does signify a measure of justice. We look forward to the successful prosecution of David Turbyfill.